Podcast Summary: The Charlie Kirk Show

Episode: Jack Smith: The Prosecutor Becomes the Prosecuted?
Date: December 19, 2025
Host: Charlie Kirk
Guests: Mike Davis (Article 3 Project), Senator Mike Lee (R-UT)

Overview

This episode centers on two primary topics:

1. The ongoing legal and political controversy surrounding Special Counsel Jack Smith and the prosecution of Donald Trump, including new claims about FBI conduct and demands for accountability against prosecutorial and judicial actors in the case.
2. A deep dive into Senate procedural reform with Senator Mike Lee, focusing on cloture, filibuster abuse, and potential changes that could reshape legislative outcomes for conservatives.

Charlie Kirk, along with his guests, adopts an unapologetically conservative tone, expresses skepticism regarding federal law enforcement and judicial actions, and highlights grassroots activism and intra-party Senate debates.

Key Discussion Points & Insights

1. The Jack Smith/Mar-a-Lago Controversy

Guest: Mike Davis, Article 3 Project
Timestamps: [01:47] – [10:33]

• Claims of Politically Motivated Prosecution

  • Davis asserts the raid on Mar-a-Lago and the resulting prosecution of Donald Trump were politically driven, aiming to recover "damning crossfire hurricane records" that Trump allegedly declassified ([02:39]).
  • Davis frames these actions as part of a wider pattern of "weaponized intel agencies" used against political adversaries, referencing Hillary Clinton, the DOJ, and Obama-era officials.

• Alleged Judicial Bias

  • Judge Bruce Reinhart is criticized for public anti-Trump comments on Facebook prior to authorizing the Mar-a-Lago warrant, raising questions about judicial impartiality ([05:25], [06:07]).
  • Davis queries whether judicial recusal was handled appropriately and calls for scrutiny of Jay Bratt (Biden DOJ, now with Jack Smith) for seeking out Reinhart.

  “It's also a violation of the judicial canons … The timing of that Mar A Lago raid seems very fishy.” – Mike Davis [06:07]

• Demand for Accountability

  • Davis calls for criminal probes, specifically under 18 USC 241 ("conspiracy against rights"), targeting Jack Smith and others involved in the investigation ([07:10]).
  • He characterizes Jack Smith as a "partisan Scud missile" used to politically destroy GOP presidential candidates, referencing his prosecution of ex-Governor Bob McDonnell ([07:10]).

  “Jack Smith can go into that closed door hearing and say whatever he wants. He said he had all the goods … He didn’t.” – Mike Davis [07:56]

• On Grand Jury Process

  • Davis acknowledges Smith can claim grand jury support but downplays its significance:

  “Everyone knows a grand jury will indict a ham sandwich.” – Mike Davis [09:41]

2. Presidential Authority & Narco Boat Strikes

Timestamps: [11:39] – [13:46]

• Davis supports the commander-in-chief’s broad authority to use force (e.g., attacks against narco boats allegedly ferrying fentanyl into the US).

• He argues such actions are constitutionally and statutorily permitted, comparing Trump’s hypothetical actions with Obama’s drone strikes on US citizens ([12:04]):

  “If President Obama can drone strike Americans, President Trump can certainly bomb narco boats.” – Mike Davis [13:29]

• Potential for legal or political retaliation against future military leaders is discussed, with Davis and co-hosts generally downplaying prosecutorial risks unless there are clear and egregious abuses ([13:46]).

3. Crime Statistics Manipulation & Accountability

Timestamps: [15:47] – [17:03]

• A segment featuring a clip of U.S. attorney Jeanine Pirro alleges local and/or state agencies misclassify crime reports to downplay crime rates and obtain federal grant money.
• Davis recommends criminal probes for agencies falsifying crime statistics, emphasizing fraud and conspiracy statutes ([16:40]).

4. Senate Reform, Filibusters & Cloture (with Senator Mike Lee)

Timestamps: [17:41] – [29:31]

• Filibuster & Cloture Abuse

  • Senator Lee critiques the current “cloture” process (the 60-vote rule to end debate) as abused, saying it allows senators to block legislation without genuine debate ([18:57]).
  • He proposes enforcing “talking filibuster” rules, requiring in-person, exhaustive debate—restoring the original spirit of the Senate.

  “The problem with today's filibuster is that it's not really a filibuster. It's not Jimmy Stewart speaking until he collapses on the Senate floor...” – Senator Mike Lee [22:14]

• Potential Impact

  • Lee and Kirk discuss how such reform would require senators to physically defend their positions for extended periods—possibly encouraging generational change in the Senate ([23:11]).
  • Lee underscores that no rules change is needed; simply enforcing existing rules would suffice ([23:30]).

  “No rules change is required. … The rules already contemplate that this is what a filibuster is.” – Senator Mike Lee [23:30]

• Broader Legislative Implications

  • The discussion includes the Republican inability to achieve a Senate supermajority in modern history, and how reforming filibuster practice might unlock long-stalled priorities such as immigration and regulatory reform ([27:13], [28:05]).

  “We owe that to the American people. At a time when we've had millions upon millions of people coming into our country illegally over the last four years… we need reform in that area.” – Senator Mike Lee [28:05]

5. Behind the Scenes: America Fest & Turning Point USA

Timestamps: [01:09], [33:49], [36:46]

• Kirk discusses logistics and the high-profile lineup for America Fest, Turning Point USA’s annual grassroots event, with guests such as Tucker Carlson, Ben Shapiro, and Russell Brand.
• The show highlights community-building, student activism, and ongoing plans to grow the event.
• The hosts also reflect humorously on the idea of elderly senators having to hold marathon debates, referencing current Senate ages ([31:10]).

Notable Quotes & Memorable Moments

• On Political Prosecutions:

  “This is the biggest scandal in American history.” – Mike Davis [04:38]

• On Judicial Conduct:

  “The fact that a judge would feel so … loose to say something political publicly on a social media site, it's just … crass and low class actually.” – Charlie Kirk [05:25]

• On Filibuster Reform:

  “The Senate … has had, as a general rule, unlimited debate … [but] it’s turned into people saying, ‘Well, I don't want to vote for it, I won't support cloture, therefore I don't have to debate it and I can kill it simply by refusing to support cloture.’” – Senator Mike Lee [18:57]

• On the Need for New Blood in the Senate:

  “You'd start having to elect in the primaries, like, based on, like, youth and vigor. Because we need a guy that can actually, like, stand on the Senate floor to block.” – Charlie Kirk [23:02]

• On the Erosion of Debate:

  “You have this speech on the Senate floor that's so fiery by Charles Sumner that this guy from South Carolina comes in and beats him over the head with a cane in front of everybody. Because the senators would be there and debate in person. And they don't anymore.” – Co-host (Blake?) [31:29]

Timestamps for Key Segments

• Intro & Event Discussion: [01:09]–[01:47]
• Mar-a-Lago & Jack Smith Controversy: [01:47]–[10:33]
• Presidential Authority & "Narco Boats": [11:39]–[14:44]
• Crime Stats Manipulation/Jeanine Pirro Clip: [15:47]–[17:03]
• Senate Filibuster Reform w/ Sen. Mike Lee: [17:41]–[29:31]
• America Fest Planning & Senate Age Discussion: [33:49]–[36:46]

Conclusion

The episode delivers a robust, energetic conservative critique of the DOJ’s conduct toward Trump, calls for accountability against legal actors, and features in-depth conservative reform proposals for the US Senate. Packed with both substantive political debate and movement-building commentary, it is tailored to a grassroots audience, emphasizing activism, legal battles, and the evolving landscape of American governance.